Articles Posted inTrain Accidents

The Murray Law Firm is taking an active role to curb a practice commonly known as “ambulance chasing.” In each of our blogs, we are informing our readers that, pursuant to the Georgia Rules of Professional Conduct, a lawyer or anyone acting on behalf of a lawyer may not engage a potential client “through direct personal contact or through live telephone contact.”

As a personal injury and wrongful death law firm, we have long been aware of the unscrupulous practices of some attorneys in this field who use unethical and illegal measures to obtain clientele.

The immoral practices of a few have, unfortunately, given rise to a public distrust of many. The term ‘ambulance chaser’ has become synonymous with a field of law, which at its best, exists solely to empower people over corporations and insurance companies, to serve those harmed by the negligence of others and to guide everyday citizens to justice through what is often a daunting and complex legal system.

We are saddened to acknowledge that some in the field have tarnished this noble mission through a violation of the Rules of Professional Conduct, which is why we are proud to announce we are taking an active approach to ridding our community of those firms and attorneys that would harm the people and practice, which we care for so deeply.

The Murray Law Firm has achieved the Martindale Hubbell AV Preeminent rating, an honor achieved by meeting the highest ethical standards in our field, as attested to by judges and other attorneys who serve to better the practice.

In support of our commitment to high moral and ethical practices, in 2013 The Murray Law Firm created the S.A.C.’EM Campaign (Stop Ambulance Chasing Ethical Movement), which is committed to rooting out lawyers who violate Rule 7.3 of the Georgia Rules of Professional Conduct. Together, with our clients, the State Bar of Georgia and fellow attorneys committed to the highest ethical integrity, we will fight to stop this unethical practice that has become an epidemic in the legal profession.

If you have been injured and have been directly contacted by a lawyer or an individual acting on behalf of a lawyer, please notify The Murray Law Firm at 888.842.1616 and we will assist you in reporting the lawyer or individual to the appropriate authority.

The tragic August death of GSU freshman, Michael Gatto, has rallied many in support of Michael’s Law, a bill which would keep underage patrons and bouncers out of bars. House Bill 152 passed the Georgia House of Representatives on Friday, March 13th and now awaits review in the Georgia Senate.

Since the death of GSU freshman Michael Gatto at Rude Rudy’s last August, Statesboro has been a hotbed of contention over underage alcohol sales and bar attendance. Police charged Grant James Spencer, then 20 — a bouncer who was at the club but reportedly off-duty at the time — with aggravated battery and felony murder. Gatto had arrived as a freshman at Georgia Southern University about two weeks earlier. Spencer, who was also a GSU student, remains in jail awaiting trial. Rude Rudy’s closed after Gatto’s death, and the club’s owner surrendered his alcohol license to the city.

In response to their son’s death, Gatto’s parents have been working to pass a bill that would keep underage people out of bars and away from alcohol. Last Friday, March 13, the Georgia House of Representatives passed House Bill 152, which proposes several changes to alcohol regulation laws statewide.

WHAT IT DOES

Here are the bare bones: The Georgia House of Representatives approved legislation to define what bars are, make 21 the minimum age to enter one or work as a bouncer, and place new demands on cities, counties and businesses to report alcoholic beverage violations.

BREAKING IT DOWN

What’s a bar?

According to the new legislation, a bar is a place that derives 75 percent or more of its revenue from alcoholic beverages. The Department of Revenue will be able to look at the monthly sales tax reports of each venue to determine where its revenue is coming from.

Under this definition, Statesboro technically doesn’t have any “bars” — only restaurants that serve alcohol but derive more than 50 percent of their revenue from food sales, or “sports restaurants” required only to have a food permit. However, if any Statesboro venues were to be audited and found to derive 75 percent of their revenue from alcohol sales, they would have to change their status to “bar” and enforce the under-21 restrictions.

The 21 rule

Under HB 152, a person have to be at least 21 years old to enter a bar. That applies to employees as well as customers, although the bill doesn’t explicitly include bartenders or servers.

Bouncers—defined as “individual(s) primarily performing duties related to verifying age for admittance, security, maintaining order, or safety, or a combination thereof” — must also be 21 years old.

Required reporting

Alcohol license holders must self-report any violations of local, state or federal alcohol laws to the Georgia Department of Revenue within 45 days of the violation.Cities and counties must also report any violations within their jurisdiction to the Department of Revenue. The revenue commissioner can issue fines of up to $750 for license holders who fail to report violations

SO IS THIS A DONE DEAL?

Not exactly. The bill has been passed in the Georgia House of Representatives and still has to go through the Georgia Senate. The Senate could alter the bill or hold off on passing it, meaning it wouldn’t come up again as a potential law until next year. Also, to become an official law, it’s going to need the governor’s signature.

Gwinnett County Police are reportedly calling on pedestrians to stay alert and use crosswalks after a recent surge in pedestrian fatalities.

According to WTVM 9 News, Gwinnett authorities report there have already been 11 pedestrian deaths this year, a steady increase from 7 last year and 5 in 2012. The majority of these accidents reportedly occurred after dark, between 8:00pm and 11:00pm. Several of these accidents took place along Jimmy Carter Boulevard, Singleton Road and South Norcross Tucker Road, according to Gwinnett County authorities.

Media reports allege many of these deaths may have been prevented had pedestrians used crosswalks and obeyed traffic control signals.

Our Legal Take

Advocates for cyclist and pedestrian rights at The Murray Law Firm find the media’s sole focus on pedestrian safety, rather than driver caution, a disturbing trend.

While pedestrians should always try to wear bright or reflective clothing and mind traffic laws, these fatalities should serve as an equally grave reminder to Gwinnett County drivers on the need to share our roadways with pedestrians and to city officials on the need to reevaluate pedestrian safety measures in these high-risk areas.

Why were the drivers in these incidents unable to stop, slow or swerve for the pedestrians in time? Do cellphone records, traffic surveillance footage and blood test results indicate whether distraction, speed or impairment were involved in any of these fatalities?

Given the apparent pattern of pedestrian fatalities along Jimmy Carter Boulevard, Singleton Road and South Norcross Tucker Road, what additional pedestrian safety measures, such as improved sidewalks, light-up crosswalks, caution signage, lower speed limits, and pedestrian bridges, have Gwinnett County officials implemented to protect pedestrians in these high-risk areas?

Should the drivers in any of these accidents be found at fault for distraction, speed, impairment or other negligence, the families of these victims may elect to file civil claims in their wrongful deaths. Claims of this magnitude would send a critically needed reminder to all Gwinnett County drivers on the need to share our roads with pedestrians and end distracted driving. Further, such claims would demand city officials finally improve pedestrian safety measures in these high-risk areas. Perhaps, through these legal claims, many other lives may be spared.

The Murray Law Firm works tirelessly for families devastated by distracted and negligent drivers and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

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